PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON AUGUST 3, 17, AND 31, 2010

The meeting was called to order at 9:01 a.m.

A) Tuesday, July 27, 2010

 

PLEDGE OF ALLEGIANCE

ROLL CALL – Present: Supervisors Church, Groom, Gordon, Jacobs Gibson and Tissier

Absent: None

 

1.

9:00 a.m.

ORAL COMMUNICATIONS AND PUBLIC TESTIMONY ON CONSENT OR CLOSED SESSION AGENDA ITEMS

     
   

Speakers recognized by the President:

   

Kathy Baker, Committee for Recognition of Nursing Achievement

   

Paul Cole, Committee for Recognition of Nursing Achievement

   

Sunny Balson, Committee for Recognition of Nursing Achievement

   

Roberta Morris, Menlo Park

   

Therese M. Dyer, Pacifica

   

Pat Bell, San Carlos

   

Myrna Bravo, SEIU

   

Dolly Clemente, SEIU

   

Karen Nakatami, SEIU

   

Irma Compton, SEIU

   

Cynthia Howard, SEIU

   

Muriel Frederick, SEIU

   

Kristy Sermersheim, SEIU

   

P. Durham, Menlo Park

   

Celia Ip, San Mateo

   

Bernie Sifry, Pacifica

   

2.

REGULAR AGENDA (SEE PAGE 5)
CONSENT AGENDA
(SEE PAGE 6)

   
 

Motion: Church / Second: Tissier

   
 

All items on the consent agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda. Any item on the regular agenda may be transferred to the consent agenda.

   

3.

CLOSED SESSION

   
 

The Board will adjourn to closed session to consider the following items at the end of the agenda, or at any time during the meeting as time permits. At the conclusion of closed session, the Board will reconvene in open session to report on any actions taken for which a report is required by law.

   

A)

Labor Organizations: SEIU, AFSCME, PDA, UAPD

   
 

County Negotiator: Diana Doughtie and/or Keith Fleming

   

B)

Conference with Legal Counsel – Existing Litigation

   
 

SEIU Local 521 v. San Mateo County In-Home Support Services Public Authority

 

Public Employment Relations Board Case No. SF-CE-674-M

   

C)

Conference with Legal Counsel – Anticipated Litigation

   
 

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9

   
 

Five cases

   
 

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9

   
 

One case

   
 

The Board recessed to Closed Session at 10:39 a.m.

   
 

The Board reconvened the open session at 11:53 a.m. and County Counsel made the following report: No reportable action was taken.

MATTERS SET FOR SPECIFIED TIME

Times listed under this section are approximate. The Board makes every effort to adhere to the times listed, but in some cases, because of unexpected presentations, items may not be heard precisely at the time scheduled. In no case will any item be heard before the scheduled time.

     

4.

9:00 a.m.

Conduct a public hearing to consider amendments to the San Mateo County Zoning Ordinance establishing regulations for the keeping of domestic poultry in Single-Family Residential (R-1), Two-Family Residential (R-2), Residential Estate (RE ) and Residential Hillside (RH) zoning districts located in unincorporated San Mateo County (Planning and Building)

     
   

A)

Report and recommendation

       
   

B)

Close public hearing

       
     

Motion: Church / Second: Jacobs Gibson

       
   

C)

Adopt an ordinance (04508) amending Division VI, Part One, adding Section 6401.1.1, the keeping of domestic poultry in residentially zoned districts as an allowable use and waiver of reading the ordinance in its entirety

       
   

D)

Adopt an ordinance (04509) amending Division VI, Part One, Chapter 1, general provisions definitions and waiver of reading the ordinance in it entirety

       
   

E)

Adopt a ordinance (04510) amending Division VI, Part Zone, Chapter 22, general provisions and exceptions relating to the keeping of animals and waiver of reading the ordinance in its entirety

       
   

F)

Adoption of an ordinance (04511) amending Division VI, Part One, Chapters 5, 6, 7 and 35 to allow the keeping of domestic poultry in RE, R-1, R-2 and RH zoning districts and waiver of reading the ordinance in its entirety

       
     

Motion to approve the ordinances: Church / Second: Jacobs Gibson

       
     

Ayes: Church, Groom, Gordon, Jacobs Gibson, and Tissier

     

Noes: None

       
     

Speakers recognized by the President:

     

Jim Eggemeyer, Planning and Building

     

Jessica Holcombe, Redwood City

     

Cindy Burgdorf, Atherton

     

Supervisor Carole Groom, Board of Supervisors

     

Supervisor Adrienne Tissier, Board of Supervisors

     

Supervisor Rich Gordon, Board of Supervisors

     

Michael Murphy, County Counsel

     

5.

9:30 a.m.

Acting as the Governing Board of the Burlingame Hills Sewer Maintenance District, Crystal Springs County Sanitation District, Devonshire County Sanitation District, Edgewood Sewer Maintenance District, Emerald Lake Heights Sewer Maintenance District, Fair Oaks Sewer Maintenance District, Harbor Industrial Sewer Maintenance District, Kensington Square Sewer Maintenance District, Oak Knoll Sewer Maintenance District and Scenic Heights County Sanitation District, conduct a public hearing to consider: (Governing Board)

     

A)

Adoption of an ordinance (04512) amending Section 4.32.020 of Chapter 4.32 of Title 4 of the San Mateo County Ordinance Code setting sewer service rates for FYs 2010-12 for the Burlingame Hills Sewer Maintenance District and FY 2010-11 for the Crystal Springs County Sanitation District and waiver of reading the ordinance in its entirety

   
   
   

B)

A Resolution (070935):

   
 

1)

Authorizing the imposition of sewer service charges for FY 2010-11

     
 

2)

Directing the filing of the FY 2010-11 Sewer Service Charges Report for the ten County Sewer Maintenance and Sanitation Districts with the County Controller

     
 

3)

Authorizing the Director of the Department of Public Works to refund any overcharge contained in the Sewer Service Charges Report to the owner of the parcel that was overcharged when the overcharge resulted from data, data entry or computation errors

   
 

a)

Report and recommendation

     
 

b)

Close public hearing

     
   

Motion: Tissier / Second: Jacobs Gibson

     
 

c)

Adopt ordinance

     
 

d)

Adopt resolution

     
   

Motion to freeze the rates and amend the ordinance and resolution: Church / Second: Jacobs Gibson

   
 

Ayes: Church, Groom, Gordon, Jacobs Gibson, and Tissier

 

Noes: None

   
 

Speakers recognized by the President:

 

Jim Porter, Department of Public Works

 

Supervisor Rich Gordon, Board of Supervisors

 

Allison Sampson, Burlingame Hills

 

Ray Moreno, Burlingame Hills

 

Daniel D. Kaul, Belmont

   

6.

9:30 a.m.

Acting as the Governing Board of County Service Area No. 8, North Fair Oaks, conduct a public hearing to consider a Resolution (070936): (Governing Board)

   

A)

Adopting the FY 2010-11 Garbage and Recyclables Collection Service Charges Report for County Service Area No. 8

   

B)

Directing the filing of the FY 2010-11 Garbage and Recyclables Collection Service Charges Report with the County Controller

   

C)

Authorizing the Director of the Department of Public Works to refund any overcharge contained in the FY 2010-11 Garbage and Recyclables Collection Service Charges Report to the owner of the parcel that was overcharged when the overcharge resulted from data, data entry or computation errors

   
 

1)

Report and recommendation

     
 

2)

Close public hearing

     
   

Motion: Church / Second: Tissier

     
 

3)

Adopt resolution

     
   

Motion: Tissier / Second: Church

     
   

Ayes: Church, Groom, Gordon, Jacobs Gibson, and Tissier

   

Noes: None

     
   

Speaker recognized by the President:

   

Jim Porter, Department of Public Works

REGULAR AGENDA

COUNTY MANAGER

7.

A)

Resolution: (4/5ths vote required) (Jointly with County Counsel)

     
   

1)

Proposing to the voters of San Mateo County a one-quarter cent retail transactions sales and use tax for general fund purposes for a period of five years in the County of San Mateo

       
   

2)

Calling an election for the purpose of submitting to the electors a proposition for the adoption of an ordinance to impose a one-quarter cent retail transactions sales and use tax for general county purposes for a period of five years in the County of San Mateo

     
 

B)

Introduction of an ordinance imposing a one-quarter cent retail transactions sales and use tax for general fund purposes in the County of San Mateo for a period of five (5) years and waiver of reading the ordinance in its entirety

     
   

Speakers recognized by the President:

   

Michael Murphy, County Counsel

   

Daniel D. Kaul, Belmont

   

Brady Calma, SEIU Local 521

   

Michael Stogner, San Carlos

   

Pat Bell, San Carlos

   

Supervisor Carole Groom, Board of Supervisors

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Supervisor Mark Church, Board of Supervisors

   

Supervisor Rich Gordon, Board of Supervisors

     
   

Motion to reject ballot measure: Groom / Second: Tissier

     
   

Ayes: Church, Groom and Tissier

   

Noes: Gordon and Jacobs Gibson

   

8.

County Manager’s report:

   
 

June and July 2010 Update on the American Recovery and Reinvestment Act of 2009

   
 

This item was moved to the consent agenda.

BOARD OF SUPERVISORS

9.

Board members’ committee reports

   
 

Supervisor Carole Groom thanked everyone for coming out to celebrate the 20th Anniversary of the Americans with Disabilities Act.

   
 

Supervisor Rose Jacobs Gibson attended a meeting of the National Association of Counties and will have several items to bring before the Legislative Committee.

CONSENT AGENDA

All items on the consent agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda. Any item on the regular agenda may be transferred to the consent agenda.

 

10.

Approve the minutes for the meeting of July 13, 2010

AGRICULTURE/WEIGHTS AND MEASURES

11.

Resolution (070937) authorizing an agreement with the California Department of Food and Agriculture for the provision of detection and trapping of the Mediterranean fruit fly and other economically important pests for FY 2010-11, in the amount of $491,057, no Net County Cost

BOARD OF SUPERVISORS

12.

Recommendation for the appointment of William Kehoe to the Midcoast Community Council, term expiring November 30, 2013 (Supervisors Rich Gordon and Rose Jacobs Gibson)

   

13.

Recommendation for the reappointments of Kristin Cornuelle, Levin Sy, William Allen, Helyn Dahle, Paula Duarte, John Ford, Jorge Jaramillo, Ronald Kahn, David Kaval, Michael Klieman, May Leung, Kevin Mullin, Darlene Rutkowski, Flynn Bradley, Richard Hedges and James I. Master to the Workforce Investment Board, terms expiring June 30, 2012 (Supervisor Mark Church)

   

14.

Ratification of a resolution (3112) honoring Robert W. Merwin for his dedicated support of seniors in our community (Supervisor Carole Groom)

   

15.

Ratification of a resolution (3113) honoring Mills-Peninsula Senior Focus upon its 25th anniversary (Supervisor Carole Groom)

   

16.

Ratification of a resolution (3114) honoring Mount Olive Missionary Baptist Church upon its 50th anniversary (Supervisor Rose Jacobs Gibson)

   

17.

Ratification of a resolution (3115) honoring St. Andrew Presbyterian Church upon its 100th anniversary (Supervisor Mark Church)

   

18.

Ratification of a proclamation (3116) in recognition of the 20th anniversary of the Americans with Disabilities Act (Supervisor Carole Groom)

COUNTY COUNSEL

19.

Adoption of an ordinance (04513) proposing amendments to Section 203 (Vacancies) and Section 415 (Vacancies) of the San Mateo County Charter and ordering the amendments to be submitted to the qualified electors at the November 2, 2010 election, previously introduced on July 13, 2010 and waiver of reading the ordinance in its entirety

COUNTY MANAGER

20.

Resolution (070938) authorizing: (Continued from the meeting of July 13, 2010)

   
 

A)

An agreement with Max C. Woo and Linda Bass Woo, trustees of the Woo Family Revocable Trust U/T/D December 17, 2009 for the lease of 4,944 square feet of office space located at 3130 La Selva Drive, San Mateo for the term of July 13, 2010 through June 30, 2015 with one option to extend for one additional term of five years, at an initial monthly base rent of $8,652

     
 

B)

The County Manager or his designee to execute notices, options and documents associated with the lease including, but limited to extension or termination of the lease under the terms set forth

     

21.

Resolution (070939) authorizing:

     
 

A)

An amendment to the agreement with Furneri Properties for the lease of 1,866 square feet of office space located at 3123 Middlefield Road, Redwood City for use as the Sheriff’s North Fair Oaks Substation, extending the term through June 30, 2015 with two options to extend the term for one year each, decreasing the monthly base rent by $344.49 to $3,452 through June 30, 2011 with annual increases of 3% each year of the term

     
 

B)

The County Manager or his designee to execute notices, options and documents associated with the amendment and lease including but not limited to extension or termination of the lease under the term set forth

     

22.

Resolution (070940) authorizing:

   
 

A)

An amendment to the agreement with HMB Stone Pine, LLC for the lease of 2,730 square feet of office space located at 80 Stone Pine Road, Half Moon Bay for use by the UC Cooperative Extension, extending the term through June 30, 2015, decreasing the monthly base rent by $1,081 to $5,870 through June 30, 2012 with annual increases of 3% thereafter and eliminates the County’s right to terminate the lease early

     
 

B)

The County Manager or his designee to execute notices, options, and documents associated with the amendment and lease including, but not limited to extension or termination of the lease under the term set forth

     
     

23.

Resolution (070941) in support of San Mateo County’s participation in a collaborative proposal for a regional bike sharing program to be submitted to the Metropolitan Transportation Commission by the Bay Area Air Quality Management District

   

24.

Resolution (070942) authorizing the President of the Board to send letters to our state and federal legislative delegations and the California Energy Commission in support of both property assessed clean energy financing and the development of alternative financing options for residential energy upgrades

GOVERNING BOARD

25.

Acting as the Governing Board of the San Mateo County Flood Control District, adopt a resolution (070943):

   
 

A)

Adopting the 2010-11 Water Pollution Control Service Charges Report for Flood Control Zone One Countywide

     
 

B)

Directing staff to file the report with the County Controller

     
 

C)

Authorizing the Director of the Department of Public Works to refund any overcharge contained in the report to the owner of the parcel that was overcharged when the overcharge resulted from data, data entry or computation errors

   

26.

Acting as the Governing Board of the San Mateo County Flood Control District, adopt a resolution (070944):

   
 

A)

Adopting the 2010-11 Water Pollution Control Service Charges Report for Flood Control Zone Two, City of Pacifica

     
 

B)

Directing staff to file the report with the County Controller

     
 

C)

Authorizing the Director of the Department of Public Works to refund any overcharge contained in the report to the owner of the parcel that was overcharged when the overcharge resulted from data, data entry or computation errors

HEALTH SYSTEM

27.

Resolution (070945) authorizing:

   
 

A)

Agreements with Asereth Medical Services, Inc. and Nor-Cal Medical Temps for the provision of temporary pharmacy staffing for the term of June 1, 2010 through May 31, 2013, in an aggregate amount not to exceed $150,000

     
 

B)

The Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   
   
   
   

28.

Resolution (070946) authorizing:

   
 

A)

An agreement with CHIS, Inc. for the provision of coding medical records in the San Mateo Medical Center for FY 2010-11, in an amount not to exceed $170,000

     
 

B)

The Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

29.

Resolution (070947) authorizing:

   
 

A)

An amendment to the agreement with Healthcare Cost Solutions, Inc. for the provision of coding validation audits for the San Mateo Medical Center, increasing the amount by $50,000 to $150,000

     
 

B)

The Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

30.

Resolution (070948) authorizing:

   
 

A)

An agreement with R House for the provision of day rehabilitation and mental health services for FY 2010-11, in an amount not to exceed $126,590, no Net County Cost

     
 

B)

The Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

31.

Resolution (070949) authorizing:

   
 

A)

An agreement with Unity Care Group, Inc. for the provision of mental health and therapeutic behavioral services for FY 2010-11, in an amount not to exceed $116,720, no Net County Cost

     
 

B)

The Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

32.

Resolution (070950):

   
 

A)

Waiving the Request for Proposals process and authorizing an agreement with Synthes for the provision of trauma implants, including osteobiologics and instruments for FYs 2010-13, in an amount not to exceed $1,200,000

     
 

B)

Authorizing the Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

33.

Resolution (070951) authorizing:

   
 

A)

An agreement with Triage Consulting Group for the provision of aged account receivable and zero balance payment review services to the San Mateo Medical Center for the term of August 1, 2010 through July 31, 2013, in an amount not to exceed $2,000,000

     
 

B)

The Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

34.

Resolution (070952) authorizing an amendment to the agreement with PharMerica for the provision of pharmaceutical and infusion services to patients of the San Mateo Medical Center and Burlingame Long Term Care, extending the term through June 30, 2011, increasing the amount by $479,334 to $1,438,001

   

35.

Resolution (070953) authorizing an amendment to the agreement with Shelter Network for the provision of housing subsidy funding and services, increasing the amount by $95,000 to $304,000, $95,000 is Net County Cost

   

36.

Resolution (070954) establishing Public Health Clinic fees effective August 1, 2010

   

37.

Adoption of an ordinance (04514) repealing and replacing sections of Title 5, Sections 5.64.060 and 5.64.070 in Chapter 5.64 and Section 5.120.040 in Chapter 5.120 of the San Mateo County Ordinance Code which establishes Environmental Health Program fees, previously introduced on July 13, 2010 and waiver of reading the ordinance in its entirety

HUMAN RESOURCES

38.

Resolution (070955) authorizing a successor Memorandum of Understanding with the Building and Construction Trades Council for the term of November 1, 2009 through November 2, 2013

   

39.

Adoption of an ordinance (04515) adopting the Master Salary Ordinance for FY 2010-11, previously introduced on July 13, 2010 and waiver of reading the ordinance in its entirety

HUMAN SERVICES

40.

Resolution (070956) authorizing:

   
 

A)

An agreement with Puente de la Costa Sur for the provision of child abuse prevention and intervention services for the term of July 27, 2010 through June 30, 2013, in an amount not to exceed $285,000, no Net County Cost

     
 

B)

The Director of the Human Services Agency or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

INFORMATION SERVICES

41.

Resolution (070957) authorizing: (Jointly with the Health System)

   
 

A)

Waiving the Request for Proposals process and authorizing an agreement with Michael Aratow, MD, FACEP for the provision of consulting services for the term of July 27, 2010 through June 30, 2011, in an amount not to exceed $160,232

     
 

B)

The Chief Information Officer or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

     
     
     
     
     

PARKS

42.

Resolution (070958):

   
 

A)

Approving the acceptance of a MTC Regional Bicycle Program grant for the Crystal Springs Regional Trail South of Dam Project, in the amount of $300,000, no Net County Cost

     
 

B)

Authorizing the Director of the Department of Parks or his designee to execute all necessary applications, contracts, agreements, amendments and payment requests for the purpose of implementing the purposes specified in the grant application and making necessary grant assurances

PLANNING AND BUILDING

43.

Resolution (070959) authorizing an amendment to the agreement with Environmental Science Associates for the provision of administrative and technical support to the San Francisco International Airport/Community Roundtable, extending the term through July 15, 2011, increasing the amount by $60,000 to $120,000, no Net County Cost

   

44.

Introduction of an ordinance amending Division VI, Part One, Chapter 28.1, Section 6565.20.C.1.b(2) of the San Mateo County Ordinance Code on Zoning Regulations / Local Coastal Program (LCP) Implementation Plan amending the design standards for one-family and two-family residential development in the Midcoast and waiver of reading the ordinance in its entirety

   
 

This item was continued to the meeting of August 10, 2010 for adoption.

   

45.

Introduction of an ordinance amending the Division VI, Part One, Chapter 24.5, Section 6513.3.B of the San Mateo County Ordinance Code on Zoning Regulations / Local Coastal Program Implementation Program, Regulations for wireless telecommunication facilities and waiver of reading the ordinance in its entirety

   
 

This item was continued to the meeting of August 10, 2010 for adoption.

PROBATION

46.

Resolution (070960):

   
 

A)

Making the necessary assurances to the Juvenile Justice Crime Prevention Act Funds

     
 

B)

Authorizing the submission of the FY 2010-11 Comprehensive Multi-Agency Juvenile Justice Plan

     
 

C)

Authorizing the Chief Probation Officer to submit and/or sign and execute the approved FY 2010-11 Comprehensive Multi-Agency Juvenile Justice Plan

     
     

PUBLIC WORKS

47.

Resolution (070961):

   
 

A)

Awarding a contract to Ferma Corporation for the demolition of County Bridge No. 67 on Crystal Springs Dam, unincorporated San Mateo County, in the amount of $871,000

     
 

B)

Authorizing the Director of the Department of Public Works to execute change orders up to an aggregate amount not to exceed $87,100

   

48.

Resolution (070962):

   
 

A)

Awarding a contract to Half Moon Bay Grading & Paving, Inc. for the reconstruction of 14th and 15th Avenues and Palmer Lane and installation of valley gutters on Fair Oaks Avenue between 14th and 15th Avenues, North Fair Oaks area, in the amount of $487,873.80

     
 

B)

Authorizing the Director of the Department of Public Works to execute change orders up to an aggregate amount not to exceed $73,226.20

     
 

C)

Authorizing the Director of the Department of Public Works to file a Notice of Exemption for a California Environmental Quality Act Categorical Exemption

   

49.

Resolution (070963):

   
 

A)

Awarding a contract to Ionian Construction, Inc. for the County Government Center Parking Structure Deferred Maintenance Painting Project, in the amount of $80,000

     
 

B)

Authorizing the Director of the Department of Public Works to execute subsequent change orders up to a maximum aggregate amount of $24,000

   

50.

Resolution (070964):

   
 

A)

Awarding a contract to Staples Construction Company, Inc. for the job order contract for general construction with application throughout the county, in an amount not to exceed $4,000,000

     
 

B)

Authorizing the Director of the Department of Public Works or his designee to issue and execute individual and/or separate job orders under this agreement in aggregate shall not exceed $4,000,000

   

51.

Resolution (070965):

   
 

A)

Awarding a contract to Valley Slurry Seal Company doing business as VSS Emultech for the road oil and slurry seal application in conjunction with the County’s 2010 Chip and Slurry Seal Road Maintenance Project, in the amount of $356,640

     
 

B)

Authorizing the Director of the Department of Public Works to execute change orders up to an aggregate amount not to exceed $35,860

     
 

C)

Authorizing the Director of the Department of Public Works to file a Notice of Exemption for a California Environmental Quality Act Categorical Exemption

   

52.

Resolution (070966) authorizing the Director of the Department of Public Works to execute change orders to the agreement with Soil Engineering Construction, Inc. to allow for payment of unanticipated project costs related to the Seal Cove Trail Improvement Project – Fitzgerald Marine Reserve, Moss Beach area, increasing the amount by $40,000 to $327,550

   

53.

Resolution (070967) adopting plans and specifications, including conformance with prevailing wage scale requirements for the reconstruction of Camino De Los Robles and Franks Lane, West Menlo Park area

   
 

(Tuesday, August 24, 2010 at 2:30 p.m.)

   
   
 

The meeting was adjourned at 12:00 p.m. in memory of Joseph Abel Galligan.